N.Y. Comp. Codes R. & Regs. tit. 16 § 753-3.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 753-3.1 - Timing of notice for excavation or demolition

(a)

(1) Before commencing or engaging in any nonemergency excavation or demolition, each excavator shall provide notice of the location and date of the planned excavation or demolition to the one-call notification system serving the vicinity in which the excavation or demolition is to take place.

(2) Such notice shall be served at least two but not more than 10 working days, not including the date of the call, before the commencement date of the excavation or demolition.

(b) Excavation or demolition which is required to be performed promptly as a result of an emergency, disaster or to correct an immediate hazard may proceed immediately without prior notification to operators, if the situation is so serious that the excavation or demolition cannot reasonably be delayed. However, excavators shall notify the one-call notification system as soon as possible that such excavation or demolition is commencing or is underway. Extreme caution shall be employed by the excavator to prevent damage to existing underground facilities and to avoid endangering persons and property.

(c) At least seven working days in advance of the commencement date of a demolition, the excavator shall request a pre-demolition conference, through the one-call notification system, with all member operators who have underground facilities at or near the demolition area. A pre-demolition conference may encompass one or more demolition(s) in the project area. A request for a pre-demolition conference is not a substitute for the notice of intent to perform demolition work required by this section.

(d) Whenever an excavator cancels an excavation or demolition, he or she shall promptly communicate the cancellation to facility operators utilizing the one-call notification system.

(1) Whenever an excavator postpones the commencement date for 10 or less working days, no call to the one-call notification system or operators is required.

(2) Whenever an excavator postpones an excavation or demolition more than 10 working days, the same requirements for notice shall pertain to the revised commencement date as listed in subdivision (a) of this section.

(e) Information requested from an operator for design purposes shall not be a substitute for the notice of intent to perform excavation or demolition as required by this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 753-3.1